Chicago-gary Airport Pact Is Legal, Federal Judge Says

October 06, 1996|By Matt O'Connor, Tribune Staff Writer.

A federal judge has upheld the legality of the airport alliance between Chicago and Gary, forged last year to foil a threat by the Republican-controlled Illinois legislature to seize control of O'Hare International Airport.

U.S. District Judge Harry Leinenweber ruled that the lawsuit by GOP Gov. Jim Edgar's administration failed to state a claim under federal law, according to city Corporation Counsel Susan Sher.

It "defies logic" for the state to bring in federal court its claim challenging the city's authority to act under a state law, wrote Leinenweber, himself a former Republican state legislator.

Leinenweber issued his decision Sept. 27, but mailed copies didn't reach lawyers for both sides until the end of last week.

In April 1995, Mayor Richard Daley secretly negotiated the airport alliance with Gary.

The mayor's move helped forestall Republican legislation designed to give O'Hare's suburban neighbors a greater role in airport operations.

Dan Curry, a spokesman for Atty. Gen. Jim Ryan, said the office had just received the ruling and hadn't had a chance to review it.

"We'll be reviewing our options for appeal in the next few days," Curry said.

Shortly after forming its alliance with Gary, the city went to federal court to have the pact declared valid.

But the city withdrew that suit after the state legislature adjourned, ending an imminent threat that lawmakers would take legislative action affecting O'Hare.

In its lawsuit, the state contended that cities did not have the authority to enter into agreements with cities in other states. Only the state can enter into agreements with out-of-state entities, the state said. Edgar had called the Chicago-Gary authority an "unlawful impediment."